In re American Homepatient, Inc.
American HomePatient Inc. (AHP) entered into a credit agreement with certain of its secured lenders that included a warrant agreement that called for AHP to issue two series of warrants.
Alphamed, Incorporated v. B. Braun Medical, Inc., et al.
The U.S. Court of Appeals for the 11th Circuit affirmed the lower court’s decision that gross profits could be calculated using the quantity and price established in the breached contract.
Expert Testimony Establishing Reasonable Royalty Excluded Under Daubert
The U.S. Court for the Federal Circuit affirmed a lower court’s decision to exclude an expert witness who calculated a reasonable royalty in this patent infringement case at a Daubert trial. The court determined that the license agreements considered by t ...
Utah Medical Products, Inc. v. Graphic Controls Corporation
The U.S. Court for the Federal Circuit affirmed a lower court’s decision to exclude an expert witness who calculated a reasonable royalty in this patent infringement case at a Daubert trial. The court determined that the license agreements considered by t ...
No Marketability Discount in Fair Value Determination Pessimistic Earnings Projections Rejected in Favor of Reality-Based Projections
The issue in this dissenting shareholder action was whether the trial court erred in its valuation of the minority shareholders' Zinetics Medical Inc. stock pursuant to a forced sale of the stock to Zinetics' parent corporation, Medtronic Inc.
Hogle v. Zinetics Med., Inc.
At issue is the valuation of minority shareholder's interest in Zinetics Med, Inc.
Sulzer Carbomedics, Inc. v. Oregon Cardio-Devices, Inc. et al.
The U.S. Court of Appeals for the Fifth Circuit considered a lost profits award for tortious interference with economic relations (i.e. the inducement of an sales agent under an exclusive agreement to cease selling Sulzer’s cardio devices). The jury awar ...
John B. Fawcett v. Robert H. Heimbach
The Minnesota Court of Appeals ruled that the appropriate measure of damages for conversion of stock in a falling market is the value of the stock at the time of the conversion rather than the replacement value of the stock (the New York Rule).
Stock Valued at the Time of Conversion
The Minnesota Court of Appeals ruled that the appropriate measure of damages for conversion of stock in a falling market is the value of the stock at the time of the conversion rather than the replacement value of the stock (the New York Rule).
Louis Dyll, et al. v. Robert Milligan, et al.
The U.S Court of Appeals for the Fifth Circuit reversed a jury's award of lost profits. The court found the award speculative because Dyll did not have a history of successfully producing and marketing technology (HIV detection technology, here).
New Business Rule Defeats Lost Profits Award
The U.S Court of Appeals for the 5th Circuit reversed a jury's award of lost profits.
Brian Zdeb, et al. v. Baxter International, Inc.
The Illinois Court of Appeals concluded that the new business rule did not preclude Zdeb from recovering lost royalties resulting from Baxter's interference with Zdeb's infuser. Zdeb created the infuser after his non-compete agreement with Baxter expired ...
Lost Royalties Awarded in Spite of Illinois’ New Business Rule
The Illinois Court of Appeals concluded that the new business rule did not preclude Zdeb from recovering lost royalties resulting from Baxter's interference with Zdeb's infuser. Zdeb created the infuser after his non-compete agreement with Baxter expired ...